VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00337
Package ID: USCOURTS-cofc-1_16-vv-00337
Petitioner: Deborah Gilbert
Filed: 2016-10-03
Decided: 2017-01-10
Vaccine: Tdap
Vaccination date: 2013-04-25
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 130000

AI-assisted case summary:
Deborah Gilbert filed a petition for compensation under the National Vaccine Injury Compensation Program on October 3, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccination on April 25, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 30, 2016, conceding that Ms. Gilbert's injury was consistent with SIRVA and was caused by the Tdap vaccine. The respondent also agreed that no other cause was found, that the injury resulted in sequelae lasting more than six months, and that all legal prerequisites for compensation were met. Based on the respondent's concession and the evidence, a ruling on entitlement was issued on October 3, 2016, finding Ms. Gilbert entitled to compensation. Subsequently, on January 10, 2017, a decision awarding damages was issued. The respondent's proffer indicated an award of $130,000.00, which Ms. Gilbert agreed to. The court awarded Ms. Gilbert a lump sum payment of $130,000.00 for all damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00337-0
Date issued/filed: 2017-01-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/03/2016) regarding 19 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00337-UNJ Document 31 Filed 01/09/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-337V
Filed: October 3, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DEBORAH GILBERT, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Tetanus-diphtheria-acellular pertussis;
* Tdap; Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Alice Legat Tayman, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 15, 2016, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) following receipt of her April 25, 2013, Tetanus-diphtheria-
acellular pertussis (“Tdap”) vaccination. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On September 30, 2016, respondent filed her Rule 4(c) report in which she
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
4(c) Report at 1. Specifically, respondent “has concluded that petitioner’s alleged injury
is consistent with shoulder injury related to vaccine administration (“SIRVA”), and that it
was caused-in-fact by the Tdap vaccine she received on April 25, 2013.” Id. at 6.
Respondent further agrees that no other cause of petitioner’s injury was found, that
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00337-UNJ Document 31 Filed 01/09/17 Page 2 of 2
petitioner has experienced sequela of her injury lasting more than six months, and that
petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act.
Id.
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00337-1
Date issued/filed: 2017-01-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/04/2016) regarding 21 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00337-UNJ Document 32 Filed 01/10/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-337V
Filed: October 4, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DEBORAH GILBERT, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Tetanus-diphtheria-acellular pertussis;
* Tdap; Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Alice Legat Tayman, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 15, 2016, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) following receipt of her April 25, 2013, Tetanus-diphtheria-
acellular pertussis (“Tdap”) vaccination. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On September 30, 2016, respondent filed a Rule 4 report which included a
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$130,000.00. Respondent’s Report at 6-7. Respondent represented that petitioner
agrees with the proffered award. Id. On October 3, 2016, a ruling on entitlement was
issued, finding petitioner entitled to compensation for SIRVA. Based on the
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00337-UNJ Document 32 Filed 01/10/17 Page 2 of 2
record as a whole, the undersigned finds that petitioner is entitled to an award as stated
in the Proffer.
Pursuant to the terms stated in the Proffer, the undersigned awards petitioner
a lump sum payment of $130,000.00 in the form of a check payable to petitioner,
Deborah Gilbert. This amount represents compensation for all damages that would be
available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2